Chapter 25.64 — DECISIONS BY THE ZONING ADMINISTRATOR

Palm Desert Municipal Code · 2026-07 edition · updated 2026-09-27 · Palm Desert

§ 25.64.010. Purpose.¶

The purpose of this chapter is to establish procedures for planning-and zoning-related permits that are decided by the designated Zoning Administrator (ZA). Each permit and entitlement type is described in this chapter in terms of purpose and applicability, approving authority, and unique processing provisions. General processing procedures are established in Chapter 25.60 (Procedures). Table 25.60-1 (Approving Authority for Land Use Permits/Entitlements) provides a summary of the administrative permits and entitlements decided by the ZA. (Ord. 1259 § 1, 2013)

§ 25.64.020. (Repealed)¶

(Ord. 1259 § 1, 2013; Ord. 1279 §§ 16—19, 2015; Ord. 1393 § 26, 2023)

§ 25.64.030. Adjustments.¶

A. Purpose.
1. Adjustments shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
2. The power to grant adjustments does not extend to use regulations. Flexibility to the zoning regulations is provided in the conditional use provisions of this title.
B. Application—Submittal requirements. Application for an adjustment shall be filed with the Department on a form, and include application materials prescribed by the ZA.
C. Permissible adjustments. Deviations from the following development standards may be permitted with approval of an adjustment:
1. A decrease of not more than 10 percent of the building lot coverage or width.
2. A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings.
3. A decrease of not more than 40 percent of the required rear yard.
4. A decrease of not more than 40 percent of the distance required between the front property line and the building line.
5. A decrease of not more than 10 percent of the required parking spaces.
6. An increase of not more than 10 percent of the permitted projection of steps, stairways, landings, eaves, overhangs, masonry chimneys, and fireplaces, into any required front, rear, side or yard between buildings.

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City of Palm Desert, CA

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§ 25.64.030

Other deviations from the zoning regulations may be considered by the Commission through the variance procedure (Section 25.72.070).

D. Public hearing. No public hearing is required for the consideration of an adjustment application.
E. Action of the Zoning Administrator. The ZA may grant an adjustment as the adjustment was applied for or in modified form, or the application may be denied. An adjustment may be granted for a limited time period, or may be granted subject to conditions as the ZA may prescribe.
F. Findings. The ZA may grant an adjustment to a regulation prescribed by this title if, on the basis of the evidence submitted, the ZA makes the following findings of fact:
1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the ordinance codified in this title.
2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone.

That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same vicinity and zone.
1. That the granting of the adjustment will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

G. Effective date. A decision of the ZA shall be effective 15 days after the date of the decision unless an appeal has been issued. An adjustment shall become effective immediately after it is granted by the ZA.
H. Lapse of adjustment. An adjustment shall lapse and shall become void one year following the date on which the adjustment became effective unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the adjustment application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the adjustment application, or the site is occupied if no building permit or certificate of occupancy is required. Prior to the expiration of a permit, an applicant may request a 12-month time extension by filing with the ZA.
I. Revocation. An adjustment granted by the ZA subject to conditions shall be revoked by the ZA if the applicant has not complied with the conditions. The decision of the ZA revoking an adjustment shall become effective 15 days following the date on which it was revoked unless an appeal has been filed. An adjustment granted by the Council shall be revoked only by the Council.
J. New application. Following the denial or revocation of an adjustment application, no application for the same or substantially the same adjustment on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the adjustment.

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City of Palm Desert, CA

ZONING

§ 25.64.030

§ 25.64.050

K. Adjustment related to plans submitted. Unless otherwise specified at the time an adjustment is granted, it shall apply only to the plans and drawings submitted as part of the application.
(Ord. 1259 § 1, 2013)

§ 25.64.040. Administrative Use Permits.¶

A. Purpose. Administrative use permits allow for approval of uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of a specific development proposal. It is anticipated that uses qualifying for an administrative use review are minor in nature, only have an impact on immediately adjacent properties, and can be modified and/or conditioned to ensure compatibility.
B. Applicability. This section applies to land use requiring an administrative use review as designated with an "A" on the allowed use tables, including Table 25.10-1 (Use Matrix for Residential Districts), and Table 25.16-1 (Use Matrix for Commercial and Industrial Districts).
C. Review process. The ZA is the approving authority for administrative use permits. However, the ZA may refer an administrative use permit to the Commission for review and approval.
1. Public notice of the application submittal and pending determination shall be made in accordance with Section 25.60.060.C (notice of Zoning Administrator decision).
2. ZA determination shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination.
D. Findings. The ZA shall approve, or approve with conditions, an application for an administrative use permit after making all of the findings below. If the ZA does not make all of these findings, he/she shall deny the administrative use permit.
1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this zoning code, municipal code, General Plan, and any applicable specific plans or City regulations/standards.
2. The site is physically suited for the type, density, and intensity of the proposed use, including access, utilities, and the absence of physical constraints, and can be conditioned to meet all related performance criteria and development standards.
3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located.
E. Conditions. In approving an administrative use review, the ZA may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this code.
(Ord. 1259 § 1, 2013)

§ 25.64.050. Reasonable Accommodation.¶

A. Purpose. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the City's zoning and land use

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City of Palm Desert, CA § 25.64.050

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§ 25.64.050

regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

Application.

Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability.
Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the ZA. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.
Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.
Required Submittals. In addition to materials required under other applicable provisions of this code, an application for reasonable accommodation shall include the following:
- a. Documentation that the applicant is: (i) an individual with a disability; (ii) applying on behalf of one or more individuals with a disability; or (iii) a developer or provider of housing for one or more individuals with a disability.
- b. The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant.
- c. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence.
- d. Any other information that the ZA reasonably concludes is necessary to make a determination on a reasonable accommodation request, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected.

C. Review procedure. The ZA is designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed.
D. Required findings. The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

The requested accommodation is requested by or on behalf of one or more individuals

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City of Palm Desert, CA § 25.64.050

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§ 25.64.050

with a disability protected under the fair housing laws.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law.
The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law.
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

E. Alternative reasonable accommodations. The decision-maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant.
F. Consideration factors. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability.
2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation.
3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants.
4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
G. Consideration factors—Fundamental alteration to zoning program. The City may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the City's zoning program:
1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.
2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.
3. Whether the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan.
4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between

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City of Palm Desert, CA § 25.64.050

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§ 25.64.050

facilities that are similar in nature or operation.

H. Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
I. Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Council on such appeal, pursuant to the provisions of this section.
J. Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless one of the following applies:
1. A building permit has been issued and construction has commenced.
2. A certificate of occupancy has been issued.
3. The use is established.
4. A time extension has been granted.
K. Time extension. The ZA may approve a single 1-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the ZA no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.
L. Violation of terms. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application.
M. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the ZA determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The ZA may request the applicant or their successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation.
N. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this title.
O. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be

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City of Palm Desert, CA

ZONING

§ 25.64.050

treated as a new application. The ZA may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or additions to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. 1259 § 1, 2013; Ord. 1393 § 27, 2023)

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City of Palm Desert, CA

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